New attorney sought in criminal enterprise case

Published
5:28 am EST, Thursday, January 27, 2011

A judge has granted the motion of an attorney appointed to defend one of six people charged in connection with a criminal enterprise operation, allowing her to be taken off the case after a breakdown in communication with her client.

Donald Joseph Tetreau, 20, Midland, entered a guilty plea in December to a felony charge of conducting a criminal enterprise, which is punishable by up to 20 years in prison. The agreement set by Tetreau's attorney at the time, Lisa Blanton of Midland, and Assistant Midland County Prosecutor Richard Dresser called for a maximum of 37 months in prison, restitution to be paid on all matters including those that were charged and not charged, and prosecutors would not add more charges for acts that occurred before September.

At the time of the plea, Blanton pointed out the guidelines decided by the Legislature taking into account the crime at hand as well as Tetreau's past criminal record would set his prison time between 24 and 40 months for the criminal enterprise charge. If prosecutors added more charges, including two additional felonies, the guidelines would rise to between six and 10 years in prison.

"It is now my understanding that the defendant wishes to file a motion to withdraw his plea," Blanton's Jan. 20 motion to withdraw as counsel states. She also cites an irreconcilable breakdown of communication.

Tetreau's change of heart comes after four other codefendants in the case entered into plea agreements.

In January, prosecutors filed additional, but lesser, charges against Kevin James Bobalek, 21; Nicholas Charles Brick, 21; Ashley Nicole Ellsworth, 18; and Zachary Adam Reimer, 18. Each pleaded guilty to the lesser charges in exchange for the dismissal of one count of conducting a criminal enterprise. There are no agreements on the amount of time each will spend incarcerated.

Bobalek pleaded guilty to one count each of larceny from a motor vehicle and receiving and concealing stolen property valued between $1,000 and $20,000, both five-year felonies; Brick pleaded to two counts of larceny from a vehicle; Ellsworth pleaded to two counts of larceny from a vehicle; and Reimer pleaded to three counts of larceny from a vehicle.

The sixth defendant in the case, Scott Clare Ratell, 21, Midland, has petitioned for the Holmes Youthful Trainee Act. The act is a special status that results in a clear criminal record if a defendant successfully completes sentencing terms set by a judge.

Lauderbach granted Blanton's motion in a Wednesday hearing, and stated the court will appoint a new attorney who works outside the defense consortium. Tetreau's sentencing date will be reset.

The motion in Ratell's case is set for Feb. 24. The remaining four defendants are to be sentenced on Feb. 10 and 24.

Members of the group, which went by the name the "131 crew," were arrested Sept. 8 after a Larkin Township resident reported people outside his home at 2:30 a.m. Midland County sheriff's deputies responding to the call checked a suspicious vehicle they saw pulling out of the Sunrise Baptist Church, 2138 N. Jefferson Road, where the suspects were detained and evidence believed to be related to the crimes was seized. Recovered was stolen property valued at an estimated $5,000. Included in those items were computers and GPS units.